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In the Third Circuit, willful FLSA violations are as common as spotting a unicorn sliding down a rainbow into a leprechaun’s pot of gold as pigs fly by.
If an employer violates the Fair Labor Standards Act, like by not paying overtime, the plaintiff(s) can generally recover two years of unpaid overtime for the two years preceding the lawsuit. Those plaintiffs may also recover liquidated damages equal to the unpaid overtime.
So, if an employer owes $100 in overtime, the total bill with liquidated damages would be $200.
However, if the employer willfully violates the FLSA, then the damages increase. That’s because the lookback period for a willful violation becomes three years.
But, what makes a violation willful? Yesterday, the Third Circuit helped answer that question. Continue reading
“Perverse and absurd,” today’s post isn’t really as fun as it sounds.
Not even close to that fun.
No, it’s about a guy who got fired after his employer concluded that he had gained unauthorized access to its electronic files. It just so happens that the plaintiff accessed those files to assist his employer in defending two discrimination actions that other employees had pending against the employer. Either way, because of the firing, the plaintiff alleged retaliation.
How can firing an employee who is trying to help his employer with discrimination claims be considered retaliatory? See, e.g., the headline of today’s blog post.
I’ll explain. Continue reading
Promoting a new business on Facebook could violate a non-competition agreement. Who knew?
Actually, pretty much everyone. Continue reading
Your company’s generous parental leave benefits could actually trigger a discrimination lawsuit
Just before the Labor Day weekend, I blogged here about an Americans with Disabilities Act complaint filed in federal court by the U.S. Equal Employment Opportunity Commission that should have employers scrutinizing their leave policies and procedures.
Today, I’ve got news of another EEOC lawsuit filed in my backyard in the Eastern District of Pennsylvania. As I explain below, this one will have you reaching for a different leave policy — parental leave — to ensure no that there’s no hatin’ on the fellas. Continue reading
Fact or fiction: The FMLA may protect pre-eligible employees
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”
Let’s do an FMLA quiz. We know that an FMLA-eligible employee must check three boxes:
- Work at a location that employs 50 employees within 75 miles;
- Has at least 1,250 hours of service with such employer during the previous 12-month period; and
- Must be employed for at least 12 months by the employer.
So, does the FMLA protect from retaliation an employee who requests leave before the one-year anniversary of employment? Continue reading
He was hired at 63 and fired at 64. Yep, that could still be age discrimination.
A lesson on why it’s so important to tell it like it is when firing someone. Continue reading
Pay attention HR! Transgender employees may have ADA (disability) rights too.
My decision to sit at the computer and begin blogging at 10:48 PM on a Sunday has backfired on me, for sure. Continue reading
A lesson on non-competes: What you don’t know, can’t hurt you. Until it does.
Ready, fire, aim.
That’s the approach that many employers take when seeking to enforce a covenant not to compete with a former employee.
Pretty soon, asking salary-history questions in Philly will get you sued.
Like requesting swiss cheese on your cheesesteak — way to go John Kerry — pretty soon, asking about a candidate’s salary history will be verboten too.